Bail cannot be granted based on discrepancies in witness statements once the trial has commenced; substantial change in circumstances is required for reconsideration.

JUDGMENT :

(Rakesh Kainthla, J.)

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 36 of 2024, dated 22.04.2024, for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) registered at Police Station Rakkar, District Kangra, H.p. The petitioner is innocent and he was falsely implicated. He filed a bail petition bearing Cr.MP(M) No. 1293 of 2024 titled Aditya Rana versus State of H.P. which was dismissed on 29.07.2024. The charge sheet has been filed before the Court. The statements of four witnesses have been recorded and the matter is listed for prosecution evidence on 24.03.2025 and 25.03.2025. There are material contradictions in the statements of the prosecution witnesses. FIR No. 105 of 2023 dated 28.10.2023 was registered against the petitioner. The petitioner would abide by all the terms and conditions, which the Court may impose; hence, the petition.

2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 22.04.2024. The petitioner saw the police and started running away. He threw one packet towards the bushes. The police apprehended him and picked up the packet. The petitioner revealed his name as Aditya Rana. Daljit Singh and Desh Raj came to the spot and the police checked the packet in their presence. It was found to be containing 6.16 grams of heroin. The police seized the heroin and arrested the petitioner. The petitioner was earlier involved in the commission of a similar offence and FIR No.105/2023, dated 28.10.2023, was registered against him in Police Station Haripur, District Kangra, H.P. The heroin was sent to SFSL, Junga and as per the report, the Exhibit was a sample of Diacetylmorphine (Heroin). The petitioner was supplying heroin to the school and college-going children. He can indulge in the commission of similar offences in case of release on bail. The challan has been prepared and filed before the learned Trial Court. It was listed for prosecution evidence on 24.03.2025 and 25.03.2025; therefore, it was prayed that the present petition be dismissed.

3. I have heard Mr. Vijender Katoch, learned counsel for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent/State.

4. Mr. Vijender Katoch, learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated. There are discrepancies in the statements of the prosecution witnesses so far as examined by the prosecution before the learned Trial Court. There is a delay in the progress of the trial, therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent/State submitted that the statements of four witnesses have been recorded. The matter was listed on 24.03.2025 and 25.03.2025. There is no delay in the progress of the trial. The petitioner can indulge in the commission of a similar offence in case of his release on bail, therefore, it was prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

7. The parameters for granting bail were considered by the Hon’ble Supreme Court in Ajwar v. Waseem (2024) 10 SCC 768: 2024 SCC OnLine SC 974, wherein it was observed as under page 783: -

“Relevant parameters for granting bail

26. While considering as to whether bail ought to be granted in a matter involving a serious criminal offence, the Court must consider relevant factors like the nature of the accusations made against the accused, the manner in which the crime is alleged to have been committed, the gravity of the offence, the role attributed to the accused, the criminal antecedents of the accused, the probability of tampering of the witnesses and repeating the off